Employment Discrimination in California

What are the protected classes in California?

In all 50 states, federal law makes it illegal to discriminate based on:

• Race
• Color
• National origin
• Religion
• Sex (including pregnancy, childbirth, and related medical conditions)
• Disability
• Age (40 and older)
• Citizenship status
• Genetic information

In addition, California state law also prohibits discrimination based on:

• Race
• Color
• National origin
• Religion
• Sex (including pregnancy, childbirth, and related medical conditions)
• Disability: Physical or mental
• Age (40 and older)
• Genetic information
• Marital status
• Sexual orientation and identity
• AIDS/HIV
• Medical condition
• Political activities or affiliations

How many employees must a company in California have to be subject to antidiscrimination laws?

Under federal law, companies with 15 or more employees are covered by Title VII, the primary law prohibiting employment discrimination, the Americans with Disabilities Act, which prohibits discrimination on the basis of disability, and the Genetic Information Nondiscrimination Act, which prohibits discrimination based on genetic information. Companies with 20 or more employees are subject to the Age Discrimination in Employment Act (ADEA), the federal law that prohibits discrimination against employees 40 years or older. Companies with four or more employees must comply with the employment discrimination provisions of the Immigration Reform and Control Act, which prohibits discrimination on the basis of citizenship status. And all companies of any size must pay men and women equally for doing equal work, by virtue of the Equal Pay Act.

In California, companies with five or more employees are subject to the state's antidiscrimination law.

What government agency regulates workplace discrimination in California?

The Equal Employment Opportunity Commission (EEOC) is the federal agency that regulates workplace discrimination. You can contact the Equal Employment Opportunity Commission by calling 800-669-4000 or check out its website at www.eeoc.gov. The website will help you locate an EEOC field office in California.

The Department of Fair Employment and Housing, Sacramento District Office enforces state antidiscrimination law in California. You can contact the Department of Fair Employment and Housing, Sacramento District Office at 916-478-7200 or 800-884-1684 or go to its website.

For more information on employment discrimination, see The Manager's Legal Handbook, by attorneys Lisa Guerin and Amy DelPo (Nolo).

Last updated on 2/01/10.